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Based on my experience settling my cousin's estate, you absolutely need a tax professional who specializes in estates with tax problems. I'd recommend looking for an Enrolled Agent rather than a CPA - they often charge less but have specific expertise in dealing with the IRS. You should find someone in the deceased's state since they'll be familiar with both the state tax laws and potentially have relationships with the local IRS office. Most work can be done remotely, but having someone who understands the local requirements is invaluable. One thing nobody mentioned - if the estate doesn't have enough liquid assets to pay the tax debt, you might qualify for an Offer in Compromise specifically for estates. An EA can help determine if that's feasible given your situation.
Thanks for this advice. I've been looking at professionals online, but wasn't sure about the CPA vs EA distinction. Do you know if there's a national directory specifically for EAs who specialize in estate tax issues?
The National Association of Enrolled Agents (NAEA) has a directory on their website where you can search by specialty, including estate and trust taxation. Just go to the NAEA website and look for their "Find an EA" feature. I'd also recommend calling a few estate attorneys in the deceased's city - they typically work closely with tax specialists who handle complex estate matters and can make solid recommendations. When you talk to potential EAs, specifically ask about their experience with unfiled returns and IRS collections for deceased taxpayers, as this is a specialized area.
One warning from my own experience - do NOT file any tax returns yet until you get the transcripts and understand what the IRS already has on record! I made this mistake with my father's estate and created a huge mess. Get Form 56 filed first to establish your authority, then get the account transcripts which will show assessments and balances. Also request the wage and income transcripts which show all income reported to the IRS on forms like W-2, 1099, etc. If the IRS has already made assessments (called Substitute for Returns), filing returns without understanding what they've already processed can create duplicate assessments or conflicting information that takes forever to resolve. You mentioned liens - check the exact type of lien. If it's a "Notice of Federal Tax Lien," that's public and affects property sales. If it's just a "Notice of Intent to Lien," you might still have time to request a Collection Due Process hearing.
What's the difference between account transcripts and wage/income transcripts? Aren't they the same thing?
I went through this exact thing! What state are you in? In my case (NC), they wanted proof that I had made my quarterly payments because their system showed I claimed credit for them on my return but they had no record of receiving them. Turns out my accountant had mistyped my SSN on ONE of the quarterly payment vouchers so it got credited to someone else's account!
I'm in Maryland. And wow, that's exactly what I'm worried about! I do my own taxes with software but I'm not the most organized person. Did you have to provide actual payment records or did they eventually find the payment with the wrong SSN?
They eventually found the payment under the incorrect SSN, but it took about 3 weeks and I had to provide
This might sound silly but are you sure it's a legitimate letter? Scammers are getting more sophisticated with tax-related cons. Check the phone number on the letter against the official state tax department number on their website (not the one in the letter). My brother got a very official looking "state tax" letter that turned out to be completely fake.
THIS!!! I almost fell for something similar. The letter had all the right logos and everything. Called the actual department and they confirmed they hadn't sent anything. Scary how good these scams are getting.
That's a good point! I checked and it does seem legitimate - has all the official letterhead and the return address matches what's on their official website. I also logged into my state tax account and there's a notice there too mentioning documentation needed. But thanks for the warning - probably saved someone else from falling for a scam!
One thing nobody's mentioned yet is contacting your Congressional representative's office. I had a nightmare situation with the IRS last year that dragged on for 8 months with no resolution despite sending in documentation multiple times. I finally contacted my Congressman's office and explained the situation. They have staff specifically dedicated to helping constituents with federal agency issues. I filled out a privacy release form, and within THREE WEEKS, the IRS had processed my documentation and resolved the issue. Congressional offices have special channels to IRS Taxpayer Advocate offices that can cut through red tape. Don't underestimate how effective this approach can be when you've tried everything else!
That's a great suggestion I hadn't thought of! Did you just call your representative's local office? Was there a specific person or department you asked for? I'm willing to try anything at this point.
Yes, I called my rep's local district office (not their DC office). Just ask to speak with the caseworker who handles IRS issues. Every congressional office has staff dedicated to constituent services. They'll email you a privacy release form that you need to sign and return, which gives them permission to inquire about your case. Make sure you provide them with copies of all the correspondence you've had with the IRS so far, including your notice numbers and any reference numbers. The magic happens because congressional inquiries go to a special unit at the IRS that is much more responsive than regular channels. They have to provide updates to congressional offices, so things suddenly start moving much faster.
Has anyone tried using the IRS's online account features to resolve these types of issues? I set up an online account on IRS.gov recently and was shocked to find I could see all my notices, tax records, and even upload documents directly through the portal rather than mailing them. I'm wondering if uploading documents this way is more reliable than sending them through the mail where they seem to get lost in the void.
I've used the online account system and while it's good for viewing your tax records and making payments, I found the document upload feature to be hit or miss. I uploaded documentation for an issue similar to OP's, and there was no confirmation that anyone had reviewed it or that it was attached to my case. I ended up having to mail in physical copies anyway after calling and finding out the uploaded documents weren't associated with my specific case/notice. The system needs a lot of improvement.
Thanks for sharing your experience. That's disappointing to hear. I was hoping the online system would be more efficient, but sounds like it has the same problems as mailing documents. Did you at least get some kind of upload confirmation when you submitted the documents, or was it completely unclear if they were received at all?
The free version of TurboTax is extremely limited. I've used FreeTaxUSA for the last three years and have been really happy with it. Federal filing is free no matter how complex your return is, and state filing is only like $15. They don't do the bait and switch garbage that TurboTax pulls every year.
Do they handle Schedule 3 forms with the free version? And is the interface easy to use? I'm not super tax-savvy but I can follow instructions well enough.
Yes, they handle Schedule 3 forms in their free federal version. Their interface isn't quite as slick as TurboTax, but it's definitely user-friendly and walks you through everything step by step. The free version includes virtually all federal forms and schedules - the only things they charge extra for are audit assistance and amended returns. State filing does cost around $15, but that's still way cheaper than what TurboTax charges for their "Deluxe" tier.
This happens every year with TurboTax. I made the switch to Cash App Taxes (formerly Credit Karma Tax) and it's completely free for federal AND state, including most common forms like Schedule 3.
I tried Cash App Taxes this year but it kept glitching on me when I tried to enter my student loan interest deduction. Did you have any technical issues with it?
Adaline Wong
I'm a payroll administrator, and I see this confusion all the time with employees. The way Box 12c works is that it shows the TOTAL CONTRIBUTIONS to qualified plans, not just what the employer contributed. Your contributions were already taken out pre-tax, meaning they've already reduced your taxable wages in Box 1. If you were to enter your contributions separately when filing taxes, you'd essentially be double-dipping on the tax benefit. That's why your tax due dropped dramatically when you did that - but it would be incorrect and could potentially trigger an audit.
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Jungleboo Soletrain
ā¢This makes sense now! So just to be 100% clear - I should just use the W-2 exactly as is and not try to separate out what I contributed vs what my employer contributed when filing, right? And if I'm using tax software, should I just enter the W-2 information exactly as it appears on the form?
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Adaline Wong
ā¢Yes, that's exactly right! You should use the W-2 exactly as is and not try to separate your contributions from your employer's when filing. The tax software is designed to handle this correctly when you enter your W-2 information as it appears on the form. Your pre-tax contributions have already reduced your taxable wages in Box 1, which is the primary tax benefit. Box 12c simply reports the total qualified retirement plan contributions for informational purposes and to ensure compliance with annual contribution limits. Trying to separate them out would incorrectly give you a double tax benefit.
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Gabriel Ruiz
Has anyone noticed that the way this is reported seems designed to confuse people? I almost made this same mistake last year. I think the form should clearly indicate "employee contributions" and "employer contributions" separately instead of lumping them together. Would save so many people headaches!
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Misterclamation Skyblue
ā¢Totally agree! The tax code and forms seem deliberately confusing. I've been doing my own taxes for 15 years and still learn something new every year. The IRS could make this so much clearer with better labeling.
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